An interpreter at the police station and in court: understand before you speak

Being able to have a conversation is not the same as understanding an interrogation

You can do your shopping in Dutch, follow instructions at work and have a conversation with a neighbor. Yet a police interrogation can be difficult. A question may contain different people, times or assumptions. The difference between seeing for yourself, suspecting and hearing afterwards can become legally important. Language comprehension during an interrogation therefore goes further than the question of whether someone can answer a few Dutch sentences.

The editorial core of this guide is that understandability is a prerequisite for meaningful participation. An interpreter is no favor to someone who prefers to speak another language. The guarantee must prevent language problems from determining what your statement ends up in the file. At the same time, it must remain clear what help an interpreter provides, what a lawyer does and which documents require written translation. Those functions are related, but not interchangeable.

What the right to an interpreter is based on

Article 29a of the Code of Criminal Procedure regulates interpreter assistance when a suspect has no or insufficient command of Dutch and is being heard. The arrangement fits into the European framework for interpretation and translation in criminal proceedings. The OM instruction on interpreters and translators elaborates, among other things, on the assessment of language proficiency, language choice and recording. This involves participation in a Dutch criminal trial, even if the explanation is given in another language.

The right is not limited to someone who does not know a single Dutch word. The relevant question is whether you understand communications and questions sufficiently and can give your own lecture with the necessary nuances. Hearing or speaking can also be difficult due to a disability. State the actual need for communication support. The existence of a language problem says nothing about guilt or innocence and should not be used as a reason to allow inaccurate answers to continue.

Which language is actually suitable?

A nationality is not a complete description of someone's language. The same goes for a place of birth or the language learned at school. Some people are less able to follow a formal register than an everyday spoken language; others do not understand a dialect close to their own. Therefore, please indicate specifically which language you understand sufficiently and in which you can explain a complicated event yourself. A general designation such as “Arabic” may require further clarification for practical organization.

The OM instruction describes that the selected language must be understandable and does not necessarily have to be the native language. That is no reason to automatically choose a language in which someone can only give short answers. If you have any doubts about the language choice, discuss the problem before substantive questions and explain what is not working. The lawyer can help make that difference visible. Request that the chosen language and any discussion about it are recognizable in the recording.

Report the need before the appointment and again if the call gets stuck

For an invited hearing, you can let us know before the date that language support is needed. Provide the case number, appointment and language through a verified contact channel. Ask how the support is organized. An automatic response to a message does not mean that all practical arrangements have already been confirmed. If you receive another appointment later, check whether the language requirement is also known at that appointment.

If the problem only arises during the conversation, state what you do not understand. For example: the time in a question is unclear, a word has multiple meanings or you cannot convey a nuance. Ask for space to discuss the problem with your lawyer. The police mention signaling misunderstanding and asking for consultation as the duties of the lawyer. A need for explanation should not be confused with a substantive response to the suspicion.

Why a family member has a different role than an interpreter

A partner or acquaintance can help you organize mail, find an appointment or explain your daily language. That does not make that person suitable to interpret a formal suspect interrogation. Interests may play a role, vocabulary may be lacking and involvement in the case can influence communication. Privacy and the ability to speak freely with the lawyer also deserve attention. Ask how professional assistance is arranged instead of silently letting a family member take over that role.

The Sworn Interpreters and Translators Act contains rules on the register and the use of registered interpreters by, among others, the police and the Public Prosecution Service. The law and the Public Prosecution Service instructions also recognize situations in which this route is deviated from; this should not be simplified to the promise that every available interpreter is by definition registered in the same way. The practical question for the defense is which interpreter was used, on what grounds and how a relevant deviation was recorded.

The interpreter translates, the lawyer assesses your legal position

An interpreter makes communication possible. A lawyer discusses rights, file, procedural position and possible next steps. A good translation does not take over the legal assessment. Therefore, do not ask the interpreter to determine whether you should answer, sign a document or withdraw a statement. Discuss such choices with the lawyer. The explanation about right to remain silent explains why the choice to explain the content requires a separate consideration.

The confidential consultation with the lawyer must also be understandable. Therefore, do not only report a language problem to the police officer who plans the interrogation, but also to the lawyer who prepares the consultation. Ask who organizes the language support for which conversation. The same presence in a building does not guarantee that every required conversation is accessible. In addition, discuss whether there are circumstances that could influence trust in communication, such as a personal relationship with a data subject.

A translation must preserve uncertainty and source of knowledge

A verbatim long translation is not automatically accurate, and a short translation is not automatically incorrect. What matters is whether meaning and relevant nuance are retained. In an explanation, denials, estimates and the source of information can be decisive. “I saw that” is different from “someone told me that”. “About nine o'clock” is different from an exact time. A problem must therefore be described as concretely as possible.

Don't just say that the interpreter "translates incorrectly", but state what difference you can point out. If you do not understand the other language enough to check it yourself, say that that control is limited. Don't come up with an alternative translation to make a general sense of misunderstanding seem stronger. Ask for repetition, clarification and consultation. A problem with understanding or meaning can thus be distinguished in a timely manner from a later substantive difference about what happened during the conversation.

Fictional example: a suspicion turns into an observation

In a fictional example, Drita explains that she thinks a colleague has left the room. Her conclusion rests on an empty seat, not on seeing a person leaving. During the conversation, the question then seems to be based on the moment when she saw the colleague leave. The problem then lies in the source of her knowledge. An interpreter can help to bring the difference between perception and inference back into the conversation in a comprehensible way.

The next step is not to come up with a more precise time that makes it easier to answer the question. Drita can discuss the difference and the lawyer can check how it is recorded. If the report later mentions your own observation, the guide correct a statement is relevant. The example does not describe a real client and does not demonstrate a legal outcome. It makes visible how a small shift in language can change the meaning of an entire passage.

Oral interpretation and written translation are not the same

Interpreter assistance during an interview does not mean that the entire criminal file is always translated in its entirety into any desired language. Own rules apply to essential procedural documents and to requests for other documents. The Public Prosecution Service's instructions discuss, among other things, relevant parts of a custodial order and a summons. In other documents, the defense must be able to explain why translation is necessary to understand the accusation and exercise rights.

Before the meeting, make a list of documents that you do not understand, including the date, sender and the decision contained in them. Write down what you should be able to do with it: follow an appointment, understand the reason for retention or respond to an accusation. Then ask which parts will be translated in writing and which explanations will be given orally. The name “translation” alone does not indicate that every detail is available. The Dutch source text and the received translation must remain together so that differences can be traced.

What costs are included in the language assistance?

The legally regulated necessary interpreter assistance for participation in criminal proceedings must be distinguished from a translation that you have commercially produced entirely on your own initiative. Article 1 of the Rates in Criminal Cases Act regulates, among other things, when fees for interpreters and translators engaged in judicial proceedings are borne by the government. It does not follow that every translation you order will automatically be paid for by the government.

So ask in advance who gives the order, for which conversation or document and who bears the costs. The financial agreement with a lawyer is also a separate topic. A free interpreter does not mean that every lawyer assignment you choose is free. Conversely, concern about attorney fees is no reason to conceal the need for necessary interpreter assistance. Discuss both questions separately and record important agreements. The route for pro deo legal assistance can help to organize financing questions.

Telephone or digital assistance requires audible communication

Not every interpreter is physically in the same room. With remote support, intelligibility, delay and visibility of who is speaking can play a practical role. The mere use of a telephone connection does not indicate whether the assistance is sufficient in your situation. Check whether you can hear both sides of the conversation, whether they are speaking at the same time and whether you can immediately indicate any ambiguities. Request remediation if the connection affects the meaning.

Do not use an automatic translation app as your own proof that the procedure can be conducted without professional language assistance. An app can be useful for everyday preparation, but does not automatically recognize the legal position, the source of knowledge and the legal meaning of a question. The quality of communication must be assessed in the actual interrogation situation. If technology interfered with a specific answer, note which part and problem was addressed rather than just mentioning the application used.

Make language needs verifiable

Careful preparation keeps language, legal position and legal assistance together. Make a note of which language is suitable, what support was requested and what response was given. Check afterwards whether the report identifies the language used, the presence of an interpreter and specific problems. There is no general conclusion that an identified translation issue automatically renders any evidence useless. The lawyer assesses the problem and an appropriate request or defense.

The following checklist is its own preparation aid. It does not replace an official decision regarding an interpreter or a language assessment by an expert. Use it to provide concrete information in a timely manner and to avoid having to explain the same ambiguity again and again.

• Indicate which language and, where relevant, which dialect you understand sufficiently.
• Explain which questions or documents you cannot follow properly without help.
• Report hearing, speech or other communication problems that require assistance.
• Check the arrangements for both the interrogation and the consultation with the lawyer.
• Make a concrete difference in meaning immediately discussable.
• Ask which essential parts are translated in writing and keep both versions.
• Discuss assignment and costs before your own commercial translation assignment.